Montgomery v. Caldwell

OPINION of the Court, by

Judge Owsley.

This was an action of detinue brought ip the court below by the appellee to recover a negro woman slave, and the appellant having pleaded the statute of limitations, the appellee in substance replied, that within five years from the accrual of the cause of action, he commenced in a court of competent jurisdiction against the appellant, a similar action for the purpose of recovering the same negro, and after the jury in that action was sworn to try the issue joined, being unable to maintain his right, he suffered a nonsuit, and that recently thereafter,…